LAWS(MAD)-2002-7-133

MARIMUTHU Vs. SIVAGNANAM

Decided On July 15, 2002
MARIMUTHU Appellant
V/S
SIVAGNANAM Respondents

JUDGEMENT

(1.) Petitioner is the defendant in the suit. The suit was decreed ex parte. The petitioner filed an application to set aside the ex parte decree. Since there was a delay, he filed an application to condone the delay of 242 days in filing the petition to set aside the ex parte decree. The same was dismissed on the ground that the delay has not been properly explained. Hence, this Civil Revision Petition.

(2.) I heard learned counsel appearing for the petitioner as well as the respondent.

(3.) The respondent filed a suit in the year 1998 for specific performance of an agreement of sale. Though the petitioner engaged an advocate, he did not file the written statement in time. Ultimately, the suit was decreed ex parte on 09.11.1999.